. did chief justice roberts do harm to our understanding of the commerce clause and take us back to an earlier era where he said no commerce clause -- >> i disagreed with that part of his ruling. i think that obama care law was easily a constitutional as an exercise of the power to regulate interstate commerce and as a tax and as a national defense measure, believe it or not. even for human rights. but here's one thing i will say on behalf of chief justice roberts. he didn't buy the argument all the way down the line. he upheld it. he joined liberals. it was not a total partisan 5-4 decision the way bush vs. gore was. i think he passed a test of principle. >> eliot: he's becoming a much fascinating, granularly interesting justice to watch. for many reasons he couldn't wipe the statute out. >> four justices were willing to do that on one sentence they didn't like. >> eliot: very quick. deal with justices breyer and kagan saying come over with me to the medicaid limitation? >> i do think on the other issue, it

to the national hispanic chamber of commerce about immigration policy. >> i will pursue permanent immigration reform and start by ensuring those who serve in our military have the opportunity to become legal permanent residents in the country that they fought to defend. >> eliot: but will likely to take more than that to swing voters into that column. 68% of latino voters favor the president. just 26% support mitt romney. last month's month was to get 30%, serve points better than john mccain managed in 2008. it doesn't seem likely. meanwhile, suffering a severe bout of finger pointing. in romney's foreign policy gaffe following the mob assault in libya. following an exclusive story stewart stevens is taking internal heat for the problems, and a campaign structure that has him acting as chief strategist speechwriter all at once. and taking heat about president's supporters earlier this year at a private fundraiser released today on the internet by mother jones. >> eliot: perhaps romney doesn't think that the 47% of the american people that he derides includes any of the people he says he want

change. >> eliot: many of us want you to be chair of merry christmas and commerce. >> thank you. >> eliot: which you were in the democratic alcohol of the house. democratic controlled house. >> i think we can layout the differences of the party. the polls have shown a real bump for obama that did not occur for romney after their convention. the tracking polls show that the people of the country are more likely to vote a democratic member of congress than a republican. there is a lot of this story to be told, but we're on track to making this very close. it is really going to be a race to the wire, and i think if things continue to break our way, you just were talking about the misplay by the romney campaign in libya earlier today. there is this mishandling of issue after issue three weeks ago romney went to an oil baron summit, day after day we're gifted by a very make-prone candidate. >> eliot: ed markey, we'll finally get the clean policy that we need. democratic congress ed markey of massachusetts. we appreciate your fight for all these important issues. the congressman leads the charg

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